CS/CS/HB 403

1
A bill to be entitled
2An act relating to state university tuition and fees;
3amending s. 216.136, F.S.; requiring the Education
4Estimating Conference to develop information relating to
5the national average of tuition and fees; amending s.
61009.01, F.S.; revising the definition of the term
7"tuition differential"; amending s. 1009.24, F.S.;
8revising provisions relating to the use of the student
9financial aid fee; deleting obsolete provisions; revising
10provisions relating to the establishment of a tuition
11differential; providing requirements for the assessment
12and expenditure of a tuition differential; providing
13requirements for revenue raised from private sources for
14purposes of providing need-based financial aid; providing
15conditions for the payment of a tuition differential;
16providing requirements for a university board of trustees
17to submit a proposal to the Board of Governors to
18implement a tuition differential; requiring the Board of
19Governors' review and approval of a proposal; requiring
20the Board of Governors to report specified information
21annually to the Legislature and the Governor; providing
22for application; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (a) of subsection (4) of section
27216.136, Florida Statutes, is amended to read:
28     216.136  Consensus estimating conferences; duties and
29principals.--
30     (4)  EDUCATION ESTIMATING CONFERENCE.--
31     (a)  The Education Estimating Conference shall develop such
32official information relating to the state public and private
33educational system, including forecasts of student enrollments,
34the national average of tuition and fees at public postsecondary
35educational institutions, the number of students qualified for
36state financial aid programs and for the William L. Boyd, IV,
37Florida Resident Access Grant Program and the appropriation
38required to fund the full award amounts for each program, fixed
39capital outlay needs, and Florida Education Finance Program
40formula needs, as the conference determines is needed for the
41state planning and budgeting system. The conference's initial
42projections of enrollments in public schools shall be forwarded
43by the conference to each school district no later than 2 months
44prior to the start of the regular session of the Legislature.
45Each school district may, in writing, request adjustments to the
46initial projections. Any adjustment request shall be submitted
47to the conference no later than 1 month prior to the start of
48the regular session of the Legislature and shall be considered
49by the principals of the conference. A school district may amend
50its adjustment request, in writing, during the first 3 weeks of
51the legislative session, and such amended adjustment request
52shall be considered by the principals of the conference. For any
53adjustment so requested, the district shall indicate and
54explain, using definitions adopted by the conference, the
55components of anticipated enrollment changes that correspond to
56continuation of current programs with workload changes; program
57improvement; program reduction or elimination; initiation of new
58programs; and any other information that may be needed by the
59Legislature. For public schools, the conference shall submit its
60full-time equivalent student consensus estimate to the
61Legislature no later than 1 month after the start of the regular
62session of the Legislature. No conference estimate may be
63changed without the agreement of the full conference.
64     Section 2.  Subsection (3) of section 1009.01, Florida
65Statutes, is amended to read:
66     1009.01  Definitions.--The term:
67     (3)  "Tuition differential" means the supplemental fee
68charged to a student for instruction provided by a public
69university in this state pursuant to s. 1009.24(16).
70     Section 3.  Subsections (7) and (16) of section 1009.24,
71Florida Statutes, are amended to read:
72     1009.24  State university student fees.--
73     (7)  A university board of trustees is authorized to
74collect for financial aid purposes an amount not to exceed 5
75percent of the tuition and out-of-state fee. The revenues from
76fees are to remain at each campus and replace existing financial
77aid fees. Such funds shall be disbursed to students as quickly
78as possible. A minimum of 75 percent of funds from the student
79financial aid fee for new financial aid awards shall be used to
80provide financial aid based on absolute need. A student who has
81received an award prior to July 1, 1984, shall have his or her
82eligibility assessed on the same criteria that were used at the
83time of his or her original award. The Board of Governors shall
84develop criteria for making financial aid awards. Each
85university shall report annually to the Board of Governors and
86the Department of Education on the revenue collected pursuant to
87this subsection, the amount carried forward, the criteria used
88to make awards, the amount and number of awards for each
89criterion, and a delineation of the distribution of such awards.
90The report shall include an assessment by category of the
91financial need of every student who receives an award,
92regardless of the purpose for which the award is received.
93Awards which are based on financial need shall be distributed in
94accordance with a nationally recognized system of need analysis
95approved by the Board of Governors. An award for academic merit
96shall require a minimum overall grade point average of 3.0 on a
974.0 scale or the equivalent for both initial receipt of the
98award and renewal of the award.
99     (16)  Each university board of trustees may establish a
100tuition differential for undergraduate courses upon receipt of
101approval from the Board of Governors. The tuition differential
102shall promote improvements in the quality of undergraduate
103education and shall provide financial aid to undergraduate
104students who exhibit financial need.
105     (a)  Seventy-percent of the revenues from the tuition
106differential shall be expended for purposes of undergraduate
107education. Such expenditures may include, but are not limited
108to, increasing course offerings, improving graduation rates,
109increasing the percentage of undergraduate students who are
110taught by faculty, decreasing student-faculty ratios, providing
111salary increases for faculty who have a history of excellent
112teaching in undergraduate courses, improving the efficiency of
113the delivery of undergraduate education through academic
114advisement and counseling, and reducing the percentage of
115students who graduate with excess hours. This expenditure for
116undergraduate education may not be used to pay the salaries of
117graduate teaching assistants. The remaining 30 percent of the
118revenues from the tuition differential, or an equivalent amount
119of new revenue from private sources, shall be expended to
120provide financial aid to undergraduate students who exhibit
121financial need to meet the cost of university attendance. This
122expenditure for need-based financial aid shall not supplant the
123amount of need-based aid provided to undergraduate students in
124the preceding fiscal year from financial aid fee revenues, from
125the direct appropriation for financial assistance provided to
126state universities in the General Appropriations Act, or from
127existing private sources. Any revenue raised from private
128sources to meet the requirements of this paragraph shall be
129deposited in a separate account for need-based financial aid and
130shall not be commingled with funds from existing private
131sources.
132     (b)  Each tuition differential is subject to the following
133conditions:
134     1.  The tuition differential may be assessed on one or more
135undergraduate courses or on all undergraduate courses at a state
136university.
137     2.  The tuition differential may vary by course or courses,
138campus or center location, and by institution.
139     3.  The aggregate sum of tuition and the tuition
140differential charged for a given course or courses may not be
141increased by more than 15 percent of the total charged for the
142aggregate sum of these fees in the same course or courses in the
143preceding fiscal year.
144     4.  The aggregate sum of undergraduate tuition and fees per
145credit hour, including the tuition differential, may not exceed
146the national average of undergraduate tuition and fees at 4-year
147degree-granting public postsecondary educational institutions.
148     5.  The tuition differential may not be calculated as a
149part of the scholarship program established in ss. 1009.53-
1501009.538.
151     6.  Beneficiaries having prepaid tuition contracts pursuant
152to s. 1009.98(2)(b) that were in effect on July 1, 2007, and
153that remain in effect, are exempt from the payment of the
154tuition differential.
155     7.  The tuition differential may not be charged to any
156student who was in attendance at the university before July 1,
1572007, and who maintains continuous enrollment.
158     8.  The tuition differential may be waived by the
159university for students who meet the eligibility requirements
160for the Florida public student assistance grant established in
161s. 1009.50.
162     9.  Subject to approval by the Board of Governors, the
163tuition differential authorized pursuant to this subsection may
164take effect with the 2009 fall term.
165     (c)  A university board of trustees may submit a proposal
166to the Board of Governors to implement a tuition differential
167for one or more undergraduate courses. At a minimum, the
168proposal shall:
169     1.  Identify the course or courses for which the tuition
170differential will be assessed.
171     2.  Indicate the amount that will be assessed for each
172tuition differential proposed.
173     3.  Indicate the purpose of the tuition differential.
174     4.  Indicate how the revenues from the tuition differential
175will be used.
176     5.  Indicate how the university will monitor the success of
177the tuition differential in achieving the purpose for which the
178tuition differential is being assessed.
179     (d)  The Board of Governors shall review each proposal and
180advise the university board of trustees of approval of the
181proposal, the need for additional information or revision to the
182proposal, or denial of the proposal. The Board of Governors
183shall establish a process for any university to revise a
184proposal or appeal a decision of the board.
185     (e)  The Board of Governors shall submit a report to the
186President of the Senate, the Speaker of the House of
187Representatives, and the Governor describing the implementation
188of the provisions of this subsection no later than January 1,
1892010, and no later than January 1 each year thereafter. The
190report shall summarize proposals received by the board during
191the preceding fiscal year and actions taken by the board in
192response to such proposals. In addition, the report shall
193provide the following information for each university that has
194been approved by the board to assess a tuition differential:
195     1.  The course or courses for which the tuition
196differential was assessed and the amount assessed.
197     2.  The total revenues generated by the tuition
198differential.
199     3.  With respect to waivers authorized under subparagraph
200(b)8., the number of students eligible for a waiver, the number
201of students receiving a waiver, and the value of waivers
202provided.
203     4.  With respect to need-based financial aid provided under
204paragraph (a), the number of students eligible for an award, the
205number of students receiving an award, and the value of the
206awards provided.
207     5.  The amount of revenue from private sources used to meet
208the requirements of paragraph (a) and documentation of
209compliance with the supplanting provisions of paragraph (a).
210     6.  Detailed expenditures of the revenues generated by the
211tuition differential.
212     7.  Changes in retention rates, graduation rates, the
213percentage of students graduating with more than 110 percent of
214the hours required for graduation, pass rates on licensure
215examinations, the number of undergraduate course offerings, the
216percentage of undergraduate students who are taught by faculty,
217student-faculty ratios, and the average salaries of faculty who
218teach undergraduate courses.
219     (f)  No state university shall be required to lower any
220tuition differential that was approved by the Board of Governors
221and in effect prior to January 1, 2009, in order to comply with
222the provisions of this subsection. The Board of Governors may
223establish a uniform maximum undergraduate tuition differential
224that does not exceed 40 percent of tuition for all universities
225that meet the criteria for Funding Level 1 under s. 1004.635(3),
226and may establish a uniform maximum undergraduate tuition
227differential that does not exceed 30 percent of tuition for all
228universities that have total research and development
229expenditures for all fields of at least $100 million per year as
230reported annually to the National Science Foundation. Once these
231criteria have been met and the differential established by the
232Board of Governors, the board of trustees of a qualified
233university may maintain the differential unless otherwise
234directed by the Board of Governors. However, the board shall
235ensure that the maximum tuition differential it establishes for
236universities meeting the Funding Level 1 criteria is at least 30
237percent greater than the maximum tuition differential the board
238establishes for universities that meet the required criteria for
239research and development expenditures. The tuition differential
240is subject to the following conditions:
241     (a)  The sum of tuition and the tuition differential may
242not be increased by more than 15 percent of the total charged
243for these fees in the preceding fiscal year.
244     (b)  The tuition differential may not be calculated as a
245part of the scholarship programs established in ss. 1009.53-
2461009.537.
247     (c)  Beneficiaries having prepaid tuition contracts
248pursuant to s. 1009.98(2)(b) which were in effect on July 1,
2492007, and which remain in effect, are exempt from the payment of
250the tuition differential.
251     (d)  The tuition differential may not be charged to any
252student who was in attendance at the university before July 1,
2532007, and who maintains continuous enrollment.
254     (e)  The tuition differential may be waived by the
255university for students who meet the eligibility requirements
256for the Florida public student assistance grant established in
257s. 1009.50.
258     (f)  A university board of trustees that has been
259authorized by the Board of Governors to establish a tuition
260differential pursuant to this subsection may establish the
261tuition differential at a rate lower than the maximum tuition
262differential established by the board, but may not exceed the
263maximum tuition differential established by the board.
264     (g)  The revenue generated from the tuition differential
265must be spent solely for improving the quality of direct
266undergraduate instruction and support services.
267     (h)  Information relating to the annual receipt and
268expenditure of the proceeds from the assessment of the tuition
269differential shall be reported by the university in accordance
270with guidelines established by the Board of Governors.
271     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.